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Question 1
Richard, a devout Buddhist and a strict vegetarian, has just sat down to eat a veggie burger for lunch. As he bites into his sandwich, a photographer snaps Richard's picture and runs off. A few weeks later, an image of Richard biting into a veggie burger appears on boxes of Billy Bob's All Beef Burgers. In an action against Billy Bob, Richard will most likely:
Correct
Incorrect!
Correct
Incorrect!
Correct To prove a prima facie case of appropriation of his name or likeness for commercial purposes, Richard must show an unauthorized use of his name or likeness for commercial purposes by defendant. This clearly happened here. Also, Richard is not a consumer of Billy Bob's Burgers and, because he is a religious Buddhist, his association with the product could harm his reputation. Therefore, Richard likely has a cause of action for defamation.
Incorrect! To prove a prima facie case of appropriation of his name or likeness for commercial purposes, Richard must show an unauthorized use of his name or likeness for commercial purposes by defendant. This clearly happened here. Also, Richard is not a consumer of Billy Bob's Burgers and, because he is a religious Buddhist, his association with the product could harm his reputation. Therefore, Richard likely has a cause of action for defamation.